Madras High Court
Property and Real Estate LawAdministrative and Public Law

The Government cannot remove encroachments from Grama Natham land it does not own.

Abdul Salam vs The District Collector,

Madras High CourtJUDGMENT: October 05, 20261 MIN READSOURCE JUDGMENT
The Government cannot remove encroachments from Grama Natham land it does not own.. Abdul Salam vs The District Collector,. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a mandamus directing the revenue authorities to remove alleged encroachments by private respondents from land in Old Survey No. 345/24 and New Survey No. 466/24, measuring 0.64.5 ares (1 acre and 59 cents), at Villachery Village, Madurai West Taluk.

Source reference: p.6

The State submitted that, on verification of the revenue records, the land was classified as “Grama Natham,” not Government Poramboke.

Source reference: p.7, para. 2
02

Issues

1. Whether the authorities could be directed to remove the alleged encroachments when the land was classified as Grama Natham rather than Government Poramboke

Source reference: p.7, paras. 2–3

2. Whether the petitioner was entitled to a writ of mandamus for removal of the alleged encroachments

Source reference: p.6; p.8, para. 4
03

Law Applied

The Court relied on the Larger Bench decision in Kannan @ Kamatchi (Died) v. The District Collector, Dindigul District, W.P.(MD) Nos. 19720 of 2017 etc., decided 6 March 2026.

Source reference: p.7, para. 3

As stated by the Court, where land is classified as Natham land, the Government is not its owner and has no authority to remove encroachments from it.

Source reference: p.7, para. 3

No statute was cited in the order.

Source reference: no citation
04

Reasoning

The State’s submission that the land was recorded as Grama Natham, rather than Government Poramboke, brought the case within the principle stated in the Larger Bench decision.

Source reference: p.7, paras. 2–3

Since the Government was not the owner of Natham land and lacked authority to remove encroachments from it, the Court declined to direct the respondents to remove the alleged encroachments.

Source reference: p.7, paras. 2–3; p.8, para. 4
05

Holding

The Court dismissed the writ petition and left the petitioner at liberty to pursue his remedy in the manner known to law.

No costs were awarded.

Source reference: p.8, para. 4
Madras High Court

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Abdul SalamvsThe District Collector,

Madras High Court · October 05, 2026

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